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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16328
Experience:  Licensed Texas General Practice Attorney
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I work for Company X( has 180,000 employees). I recently

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I work for Company X( has 180,000 employees). I recently obtained my degreein computer science 9 months ago in the hope to obtain a new position in a different department and field. The positions I have applied for, I have met and exceeded the qualifications and have interviewed on over 20 different positions in the company. I have reached stages where even the hiring manager said I am the most qualified applicant of the hiring pool but have not been able to get promoted or change departments due to practices Not written rules regarding the number of job levels an applicant can be promoted to. I feel that I am being unfairly discriminated based on company practices that they would never write explicitly into employee guidelines. While being at a low job level isn't a " protected class" regarding discrimination I feel that the implications of this practice means that I am not being given a fair and equal chance as compared to other applicants. What are my options...are there any legal options available?
Submitted: 11 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 11 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. That makes no logical sense, I agree. But the main problem is that Texas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So as long as they're not discriminating against you based upon those protected classes, they can institute these policies (written or not) and it would be completely legal. It may be immoral, unethical, and illogical, but still legal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Customer: replied 11 months ago.
The company is in also 50 states . It's a famous and well known health insurance company. You may have that insurance;). Please let me know if that changes things. It's a large well known corporation.
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ScottyMacEsq replied 11 months ago.

Unfortunately that doesn't change things. Texas law is going to control, as it's where the employee is located that counts. Even if it had 99.99% of its employees in one state, and you're in another state, it's in the state that you're located that counts.

Customer: replied 11 months ago.
But let's assume, I'm in a different state. I still feel they would apply the same policy.... that's my point. Their company policy is not state by state thing. The scenario that is common basically is that they'll say " I don't think human capital or HR will likely approve this jump in job levels or salary." Hint: it's the largest private medical insurance company in America
Expert:  ScottyMacEsq replied 11 months ago.

Understood. And even IF it might be illegal in one state, it's not illegal in Texas. Texas law applies to the employee and how the employer treats the employee. So just because it might be illegal in another state, that doesn't make it illegal here.

Customer: replied 11 months ago.
What if the company policy on this subject is so vague and open ended( bc there are of course instances people can jump job levels) that they aren't applying in a consistent or equal manner or the HR person in charge is misinterpreting the rules for certain scenarios, what if they don't even have hold of what the "rules" are bc these practices are so vague and open ended. Then could one say the company is making exceptions on an inconsistent basis?
Expert:  ScottyMacEsq replied 11 months ago.

Absolutely legal. Everything is legal unless it's illegal. And discrimination based upon race, age, religion, gender, or disability (or in retaliation for making protected complaints or talking protected leave, such as FMLA) is what's illegal. Laws are not permissive in nature, but restrictive. They don't tell what a company can do, but rather what it can't or must do. So in short a company can absolutely have a vague policy in place. Now if they use that vagueness to discriminate against minorities, then that could be actionable because it's being used to discriminate illegally. But vagueness alone is not actionable.

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 11 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 11 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 11 months ago.

Hello?

Expert:  ScottyMacEsq replied 11 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time (>1 HOUR) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 11 months ago.

I see that you STILL have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 11 months ago.

Hello?

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